GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-211
SENATE BILL 560
AN ACT to authorize the city council of the city of greenville to appoint some of the city's housing authority commissioners.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 157-5 reads as rewritten:
"§ 157-5. Appointment, qualifications and tenure of commissioners.
(a) An authority
shall consist of not less than five nor more than eleven commissioners appointed
by the mayor and the mayor shall designate the first chair.commissioners.
One commissioner shall be appointed by the mayor, and all other commissioners
shall be appointed by the city council. No commissioner may be a city
official. At least one of the commissioners appointed shall be a person who is
directly assisted by the public housing authority. However, there shall be no
requirement to appoint such a person if the authority: (i) operates less than
300 public housing units, (ii) provides reasonable notice to the resident
advisory board of the opportunity for at least one person who is directly
assisted by the authority to serve as a commissioner, and (iii) within a
reasonable time after receipt of the notice by the resident advisory board, has
not been notified of the intention of any such person to serve. The mayor city
council shall appoint the person directly assisted by the authority unless
the authority's rules require that the person be elected by other persons who
are directly assisted by the authority. If the commissioner directly assisted
by the public housing authority ceases to receive such assistance, the
commissioner's office shall be abolished and another person who is directly
assisted by the public housing authority shall be appointed by the mayor.city
council.
...
(d) The mayor shall
designate overlapping terms of not less than one nor more than five years for
the commissioners first appointed. Thereafter, the term of office shall be five
years. A commissioner shall hold office until his or her successor has been
appointed and has qualified. Vacancies shall be filled for the unexpired term.
A majority of the commissioners shall constitute a quorum. The Where
the appointment is made by the mayor, the mayor shall file with the city
clerk a certificate of the appointment or reappointment of any commissioner and
such certificate shall be conclusive evidence of the due and proper appointment
of such commissioner. Where the appointment is made by the city council, the
city council shall adopt a resolution or motion of appointment or reappointment
of any commissioner, and the resolution or record of the official act shall be
conclusive evidence of the due and proper appointment of the commissioner.
Where the appointment is made by the city council, nominations to the city
council for the appointment shall be made by city council members on a rotating
basis in accordance with a procedure adopted by the city council that provides
each city council member, on an equitable basis, an assigned position in the
rotation to make a nomination for an appointment when the time for appointment
occurs. A commissioner shall receive no compensation for his or her
services but he or she shall be entitled to the necessary expenses including
traveling expenses incurred in the discharge of his or her duties.
...."
SECTION 2. This act applies to the City of Greenville only.
SECTION 3. This act is effective when it becomes law and applies to appointments and reappointments commencing on or after that date.
In the General Assembly read three times and ratified this the 30th day of June, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives